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HomeMy WebLinkAboutMW07041A 6409 Cover 071921.docxCelluSite, LLC 103 Wilshire Court Noblesville, IN 46062 Agent for T-Mobile: Tyler Parkerson Date: 07/19/2021 Site Address: 250 E 96th ST Indianapolis, IN 46240 Dear City of Carmel, Re: Eligible Facilities Request to Modify Transmission Equipment at Wireless Facility Located on a Structure at 250 E 96th ST Indianapolis, IN 46240. A. T-Mobile Proposed Filing an Eligible Facilities Request that Must be Granted Cellusite on behalf of T-Mobile Central (“T-Mobile”) is submitting the attached Eligible Facilities Request application to add, remove, modify, or replace Transmission Equipment (the “Request”) at an Existing Base Station located at 250 E 96th ST in Carmel (“City). This Request is governed by Section 6409 of the Spectrum Act (which states that state and local governments “may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.”1 Under Section 6409, an Eligible Facilities Request is any request to modify a Tower or Base Station that involves “collocations of new Transmission Equipment,” “removal,” or “replacement” of Transmission Equipment. The FCC has defined Base Station as “the equipment and non-tower supporting structure at a fixed location that enable Commission-licensed or authorized wireless communications between user equipment and a communications network . . . the term includes equipment associated with wireless communications service including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supply, and comparable equipment.”2 The term existing Base Station also includes a structure that currently houses or supports an antenna, transceiver or other associated equipment that constitutes part of a Base Station at the time the application is filed even if the structure was not built solely or primarily to provide such support. The existing Base Station in this application is a water tower and presently contains wireless facilities. In its implementing regulations, the FCC determined that any modification to an existing Base Station that meets the following six criteria does not substantially change it (47 C.F.R. § 1.6100(b)(7)), and therefore such project is an Eligible Facilities Request under the Spectrum Act that must be granted. The proposed project satisfies those criteria because it: 1) Will not increase the height of the Base Station by more than 10 percent (10%) or ten (10) feet, whichever is greater; Details: This project does not change the height of the base station 2) Does not protrude from the edge of the Base Station by more than six (6) feet; Details: This project does not protrude from the edge of the base station by more than (6) feet. 3) The proposed project does not defeat any existing concealment elements at the site. To be considered a “concealment element,” the element must have been a part of the facility at either: (1) the time of original approval; or (2) at the last modification of the tower if such modification occurred prior to the February 22, 2012 or outside the 6409(a) process (whichever is later). A “concealment element” is something that makes a wireless facility appear to be something “fundamentally different than a wireless facility,” it does not include “any attribute that minimizes the visual impact of a facility, such as a specific location on a rooftop site or placement behind a tree line or fence.”1 Moreover, a modification can increase the size of the concealment features, so long as they: (i) do not increase by more than the criteria in (1) and (2) above, and (ii) would continue to make “the structure appear not to be a wireless Facility.” If so, then the modification would not defeat concealment. Details: The existing site does not have any existing concealment elements, so this criterion is satisfied. 4) Does not entail any excavation outside the current Base Station; Details: The proposed project will not involve excavations outside the current base station. 5) Does not involve the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four. Details: The proposed project will involve the installation of (2) new cabinets. 6) The proposed project complies with prior conditions of approval of the Base Station, except for any non-compliance that is due to an increase in height, increase in width, addition of equipment cabinets, or new excavation that does not exceed the thresholds above. These conditions may relate to aesthetics or minimizing the visual impact of the wireless facility. To be enforced, there must be express evidence of specific conditions of approval and continued compliance with such conditions. Response: Not applicable Finally, the list of equipment that will installed as part of this Request qualifies as Transmission Equipment under the FCC’s rules at 47 C.F.R. § 1.6100(b)(8). B. The 60-day Shot Clock Applies to All Necessary Permits or Authorizations for T-Mobile to Proceed with the Request Under Section 6409 “a State or local government may not deny, and shall approve, any eligible facilities request . . . " within 60 days of the filing of a complete application.1 As the FCC’s explained, that time period covers “all qualifying applications” and all necessary permits and authorizations.2 Where a jurisdiction requires an applicant too obtain clearance from separate departments and/or numerous permits, the FCC explained that the applicant starts the 60 day shot clock when: 1) it takes the “first procedural step” that the jurisdiction requires, even if there are multiple potential “first steps” with various municipal committees or departments, and 2) the applicant provides written documentation demonstrating that the applicable eligible facilities request criteria are satisfied.3 Here, the 60-day shot clock starts with the filing of the enclosed application. C. Federal Law Requires Expedited Permit Processing of Eligible Facilities Requests, Otherwise, they are and Deemed Granted Under federal law, an Eligible Facilities Request is deemed granted 60 days after a complete application is filed. 4 Thus, if 60 days pass after the submission of the Request and the City has not acted to grant or deny the Request, it will be deemed granted. At that time, the applicant may advise the City that the application has been deemed granted. If the City wishes to contest whether the Request has been deemed granted, the burden is on the City to file a lawsuit in a court of competent jurisdiction within 30 days after receipt of a written communication notifying it that the Request has been deemed granted. Here, it is clear that the deemed granted remedy applies to all of the Carmel’s requirements, T-Mobile is committed to working cooperatively with you to process this request in a timely and efficient manner. Please do not hesitate to contact me if you have questions. Sincerely, Tyler Parkerson Authorized Agent for T-Mobile CelluSite, LLC 219-241-6934 tyler@cellusite.net